Affidavit of Facts Mexico (Declaración de Hechos)

An Affidavit of Facts Mexico (Declaración de Hechos) is a formal written statement under oath (bajo protesta de decir verdad) in which the declarant attests, from personal knowledge or on information and belief, to specific facts relevant to a legal, administrative, judicial, or commercial matter. Unlike a general sworn declaration, a Declaración de Hechos focuses on a concrete set of factual circumstances — events witnessed, actions taken, documents reviewed, or conditions observed — that the declarant is prepared to affirm as true in the context of a specific proceeding or transaction.

The legal basis for sworn declarations in Mexican private law rests in Article 1547 of the Código Civil Federal (CCF), which establishes that solemn declarations made before a competent authority or Notario Público constitute full proof (plena prueba) of the facts stated therein. The evidentiary framework for affidavits in federal civil proceedings is provided by the Código Federal de Procedimientos Civiles (CFPC), published in the DOF on 24 February 1943, with Articles 95 through 98 governing the admissibility, weight, and examination of documentary evidence. Article 95 CFPC recognizes that documentary evidence includes not only official records and contracts but also any written instrument that records a legally relevant fact — a Declaración de Hechos properly attested constitutes such an instrument.

At the state level, the procedural codes (Códigos de Procedimientos Civiles) of each of the 32 Mexican states contain analogous provisions recognizing sworn declarations as admissible evidence — for example, Article 278 of the Código de Procedimientos Civiles del Distrito Federal (now Ciudad de México) and Article 323 of the Código de Procedimientos Civiles del Estado de Jalisco provide for the admission of affidavit-style documentary evidence. The evidentiary weight of a private Declaración de Hechos (without notarial authentication) is that of a documento privado under Article 203 CFPC — admissible but subject to challenge on authenticity grounds. A notarially authenticated declaration carries the weight of a documento público under Article 202 CFPC and enjoys a presumption of authenticity.

The distinction between a Declaración de Hechos and a declaración testimonial (witness statement given orally before a court under Article 355 CFPC) is significant: a Declaración de Hechos is a written, pre-trial instrument that may be submitted as documentary evidence, while a testimonial declaration is an oral statement given by a witness (testigo) who appears before the court and is subject to cross-examination. Courts in Mexico often accept Declaraciones de Hechos as anticipatory evidence (prueba anticipada) under Article 202 CFPC where live testimony would be impractical due to the witness's location, age, illness, or risk of deportation.

In administrative proceedings before federal agencies — including the IMSS, the SAT, COFEPRIS, the Secretaría del Trabajo y Previsión Social (STPS), and immigration authorities — a Declaración de Hechos is used as a substitute for official records where such records do not exist or cannot be obtained within the time available. The Ley Federal de Procedimiento Administrativo (LFPA), published in the DOF on 4 August 1994, recognizes in Article 68 that parties to administrative proceedings may offer any legally recognized means of evidence, including sworn declarations, subject to the administrative authority's evaluation of their credibility and weight.

For insurance claims filed with companies regulated by the Comisión Nacional de Seguros y Fianzas (CNSF), a Declaración de Hechos describing the circumstances of a loss event — theft, accident, natural disaster, or other insured event — is required as a component of the reclamación de siniestro (claim notification) under Article 66 of the Ley sobre el Contrato de Seguro (LCS), published in the DOF on 31 August 1935. The truthfulness of this declaration is material to the insurer's obligation to pay — misrepresentation of facts in an insurance claim declaration constitutes dolo (fraudulent misrepresentation) that voids the insurance policy under Article 8 LCS.

An Affidavit of Facts Mexico is needed across a wide range of judicial, administrative, commercial, insurance, and immigration contexts where documentary attestation of specific facts under oath is required to support a legal position, establish evidentiary facts, or satisfy regulatory disclosure requirements.

In civil litigation before the Juzgados de lo Civil, Juzgados Familiares, and Tribunales Colegiados de Circuito, a Declaración de Hechos is used when a party needs to introduce into evidence factual information that is not captured in official records — for example, attesting that a person resided at a specific address during a relevant period, that a verbal agreement was made with specific terms, that a payment was made in cash, or that specific goods were delivered in a particular condition. The declaration may be used as documentary evidence under CFPC Articles 95 through 98 or as anticipatory testimony (prueba anticipada) under Article 202 CFPC where the declarant cannot attend trial.

In amparo proceedings before federal courts under the Ley de Amparo, published in the DOF on 2 April 2013, Declaraciones de Hechos are submitted to establish the applicant's personal legal interest (interés jurídico or interés legítimo under Article 107 of the Constitución Política) in a contested act — for example, attesting that the declarant personally experienced the effects of the challenged governmental action. The amparo court evaluates the declaration as documentary evidence of the alleged violations.

For insurance claims under the Ley sobre el Contrato de Seguro, a Declaración de Hechos is the primary narrative document describing the circumstances of the insured loss — the date, location, cause, and extent of property damage in a theft or fire claim; the sequence of events in a vehicular accident claim; or the circumstances of bodily injury. Insurance adjusters (ajustadores de seguros) and the Comisión Nacional para la Protección y Defensa de los Usuarios de Servicios Financieros (CONDUSEF) review the declaration to assess the claimant's account against the physical evidence. Inconsistencies between the Declaración de Hechos and other evidence may lead to claim denial under Article 66 LCS.

For immigration proceedings before the Instituto Nacional de Migración (INM), a Declaración de Hechos is used to explain facts relevant to an immigration application that cannot be documented through conventional official records — for example, attest that the declarant has been continuously resident in Mexico for the statutory period required for naturalization under Article 20 of the Ley de Nacionalidad; that a family relationship exists and was formed under circumstances that do not generate standard documentation; or that specific hardship circumstances exist that qualify the applicant for humanitarian protection under the Ley sobre Refugiados, Protección Complementaria y Asilo Político.

For commercial due diligence and contract negotiations, a Declaración de Hechos is used by sellers of businesses, real property, or professional practices to attest to the factual basis of representations made in the transaction — confirming, for example, that there are no pending litigation proceedings not disclosed in the data room, that specific licences or permits are in good standing, or that disclosed financial accounts accurately reflect the business's financial position. In M&A transactions governed by Mexican law, these declarations support the representations and warranties section of the purchase agreement.

For labour proceedings before the Tribunales Laborales under the reformed Ley Federal del Trabajo (2019 reforma laboral), workers and employers frequently submit Declaraciones de Hechos to the Centro Federal de Conciliación y Registro Laboral (CFCRL) as part of the mandatory pre-conciliation documentation, attesting to the facts underlying their respective positions in the labour dispute.

A valid Affidavit of Facts Mexico under the Código Civil Federal, the Código Federal de Procedimientos Civiles, and accepted practice in Mexican legal proceedings must contain the following essential elements.

Declarant Identification: Full legal name, date of birth, CURP, RFC (if applicable), nationality, official identity document type and number, and complete current domicile of the declarant. For declarations intended for judicial use, the declarant's professional or occupational status and their relationship to the matter at hand (witness, party, expert, or interested third party) should be stated.

Capacity and Knowledge Basis: A statement of the capacity in which the declarant makes the declaration — personal witness (testigo presencial), party to the events (parte en los hechos), holder of documents (poseedor de documentos), or person with knowledge of the facts on information and belief (por referencias y conocimiento indirecto) — together with the basis for the declarant's knowledge. This element is critical for courts assessing the weight of the declaration under CFPC Article 95.

Statement of Facts: A clear, chronological, specific, and factually precise narrative of the facts being attested — avoiding legal conclusions, opinions, or characterizations, and focusing instead on observable, verifiable occurrences. Each fact should be stated in a separate numbered paragraph for clarity. The facts section should specify: the date(s) and time(s) of the relevant events; the location(s); the persons present; the actions taken or observed; the documents seen or signed; and any other objectively verifiable details supporting the declaration's factual claims.

Documents and Evidence References: Identification of any documents, photographs, contracts, receipts, or other evidence that corroborate the facts stated in the declaration — listed as exhibits (anexos) attached to the declaration. The declaration should state that the attached exhibits are true and correct copies of the originals.

Purpose and Proceeding: An explicit statement of the specific legal proceeding, administrative process, or commercial transaction for which the declaration is being made — including the court case number (número de expediente), administrative file number, insurance claim number, or transaction reference. This contextual statement helps prevent the declaration from being misused in unrelated proceedings.

Oath and Truthfulness: The standard oath formula — "bajo protesta de decir verdad" (under oath to tell the truth) — together with an acknowledgment that a false declaration constitutes the criminal offence of falsedad en declaraciones under Article 247 of the Código Penal Federal, carrying prison terms of two months to two years. The oath should appear at the beginning of the facts section and be reiterated in the signature block.

Witnesses: In private declarations, the signatures of two witnesses (testigos) who can attest that they witnessed the declarant sign the document, with their names, identity document numbers, and domiciles. Witnesses do not attest to the truth of the underlying facts — only to the authenticity of the declarant's signature.

Signature, Date, and Place: The declarant's signature, the municipality and state where the declaration is signed, and the complete date. For notarially authenticated declarations, the Notario's protocol number, book number, signature, and official seal under the applicable state Ley del Notariado, which converts the private document into a documento público with full evidentiary weight under CFPC Article 202.

Forms-legal.com provides this Affidavit of Facts Mexico template as a practical starting point for judicial, administrative, insurance, and commercial uses. For declarations intended for use before federal or state courts, before immigration authorities, or in criminal proceedings, consultation with a licensed abogado and notarial authentication before a Notario Público is strongly recommended to ensure the declaration satisfies the specific evidentiary requirements of the receiving authority.